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North Dakota General (Financial) Power of Attorney

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North Dakota General (Financial) Power of Attorney

Updated August 09, 2023

A North Dakota general (financial) power of attorney form is a document that allows a principal to designate an agent to handle their general financial affairs. As with any POA, because of the sensitivity of the role, it is imperative that the agent (or attorney-in-fact) chosen have integrity and be reliable as they will be handling the property and assets of the principal. This form is different from the durable form, however, in that it self-terminates if the principal becomes incapacitated (unable to make his or her own decisions due to a medical issue or mental instability). If you are looking for something that continues in effect after such an event, you should use the Durable Power of Attorney.


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1 – Declare The Identity Of The Principal And Agent In The Appropriate Manner

The Legal Name of the Principal will have to be recorded in two places at the outset of this document. To begin, locate the blank line below the Title on the first page, then present the Principal’s Full and Legal Name on it. The Principal’s Full Name should also be documented on the first available space in the first paragraph. Make sure it is reported precisely as it appears in the Title. The next available blank line, preceding the bracketed words “[Street Address]” calls for the Residential Building Number, Street Name, Unit Number, and City of the Principal. The last Principal item required will be the State of Residence. Supply the Name of this State on the third blank lineThe next three blank lines are devoted solely to the Attorney-in-Fact’s information. Supply his or her Full Name on the blank space following the phrase “Hereby Designate.”Supply the remaining two blank lines with the Attorney-in-Fact’s Residential Street Address and State of Residence (in that order).

2 – Indicate Each Principal Power To Be Conferred To The Agent

After the introduction, several articles will need to be addressed and quite a few will require information to be submitted. The first article, “1. Powers” contains a detailed list of common areas of Principal Authority that are commonly appointed to an Attorney-in-Fact. The Execution of this document will not be enough to appoint these Powers to the Attorney-in-Fact. The Principal must personally approve each Principal Matter he or she wishes to appoint the Attorney-in-Fact with Authority over. Any subject in this list left blank will not be one in which the Attorney-in-Fact can wield Principal Power in.

The first subject matter, “Power To Make Payments Or Collect Monies Owed,” will supply the necessary wording to grant an Attorney-in-Fact the Principal Authority to engage in borrowing and lending activities on behalf of the Principal. The Principal must initial the blank line preceding the number one to grant such Authority to the Attorney-in-FactThe Principal may appoint the Attorney-in-Fact with the Powers defined in “Power To Acquire, Lease And Sell Personal Property” by initialing the second blank line in this article.The Attorney-in-Fact can gain the Principal “Power to Acquire, Lease, and Sell Real Property” if the Principal initials the third subject matter.If the Principal has decided the Attorney-in-Fact should have to the Principal Authority to Manage Property in his or her name (i.e. maintenance, investments, rent, etc.), the “Management Powers” paragraph will need his or her initials to grant such PowerThe Principal can give the Attorney-in-Fact the Principal Approval required to perform actions such as open and close bank accounts, issue and receive checks, and perform generally any transaction with backs if he or she initials the “Banking Powers” paragraph.The Attorney-in-Fact will be assigned the Principal Authority to act as if he or she were the Principal in relation to the Principal’s vehicles when the Principal initials the space preceding the label “Motor Vehicles.”If the Principal has settled upon appointing the Attorney-in-Fact to represent his or her interests in dealing with the Department of Revenue, Internal Revenue Service, and any other Tax interest in relation to his or her taxes, the Principal must initial the “Tax Powers” statement. If not, then you may leave this line blank.The Principal’s “Safe Deposit Boxes” can be accessed and controlled by the Attorney-in-Fact with Principal Power if the Principal initials the eighth statement.If the Attorney-in-Fact should be able to make Gifts, Grants, Forgiveness of Debts, and any other action defined in the “Gift Making Powers” statement, the Principal will need to initial the ninth paragraph.The ability to lend and borrow in the Principal’s name on behalf of the Principal can be delivered to the Attorney-in-Fact through the Principal Act of initialing the tenth statement, “Lending and Borrowing,” to approve the use of such Principal Power.The Attorney-in-Fact can engage and conduct contractual affairs on behalf of the Principal once the Principal initials the “Contracts” statement.If desired, the Principal can assign the Attorney-in-Fact with the Principal Authority to admit or discharge him in a health care facility and perform other similar actions for the Principal when wielding Principal Authority as per the twelfth statement (“Healthcare).”If the Attorney-in-Fact should carry the Representative Principal Powers defined in the Health Insurance Portability And Accountability Act Of 1996, then the Principal will need to initial the “HIPAA” statement.The Principal “Power TO Hire And Pay For Services” can be assigned to the Attorney-in-Fact through this document if the Principal initials the fourteenth paragraph. The Attorney-in-Fact can be granted the ability to wield Principal Power to dispense reimbursements on behalf of the Principal if the Principal initials the “Reimbursement Of Attorney-in-Fact” statement. If the Principal has determined the Attorney-in-Fact should be able to use Principal Authority to Sue Third Parties who do not comply with this document when it is being used in accordance with the Principal’s wishes, then he or she will need to initial the blank line in the sixteenth statement. If the Principal wishes to assign or delegate any Specific Powers that have not been mentioned or been made clear in the previous statements, he or she can issue this Power by describing it on the blank lines in the last statement “Other.” Anything extensions or additions of Principal Powers reported here should be documented in as specific a manner as possible. When this task is completed the Principal must initial the blank space just before the number “17” to formally approve and delegate these additional Principal Powers to the Attorney-in-Fact. If not, enough room has been provided then an attachment can be made.

3 – The Principal Powers Must Have A Defined Effective Date And Manner Of Termination

The next area that will need further definition will be when precisely the Attorney-in-Fact will have the Principal Powers assigned to him or her in the previous section available for use. Furthermore, when will such Principal Powers Terminate. In the third article, “III Effective Date And Termination,” two sets of choices have been provided so the Principal may easily document his or her preferences in this matter. The first choice will define when the Powers in this Document will become Effective thereby allowing the Attorney-in-Fact to use them. If the Attorney-in-Fact should have these Principal Powers available to wield immediately upon the Execution of this document, the initial will need to initial the blank line corresponding to the statement “Upon The Date Of This Document.” However, if the Principal wishes these Powers to be available only as of a certain Calendar Date, then he or she mu initial the blank line corresponding to the statement “The Following Date” then fill in the Month, Calendar Day, and Year of Effect for this document.The next set of statements will present three possible ways the Powers delegated through this document should Terminate. That is, no longer be available to the Attorney-in-Fact. If they should Terminate only upon a specific Date, the Principal should initial the first statement in this area then enter the Termination Date on the blank lines provided The Principal may wish these Powers to be Durable. That is, available to Attorney-in-Fact indefinitely, regardless of his or her incapacitation, until he or she issues a written revocation. If this describes the Principal’s Preferences, then he or she should initial the second statement here.If the Principal wishes these Powers to Terminate upon his or her incapacitation or until a revocation is issued, but exist indefinitely otherwise, then he or she should initial the third statement

4 – The Principal’s Signature Is The Only Item That Can Execute This Delegation

The next area that requires direct participation will be the statement just under the fourth article “IV Third Party Reliance.” This is an Execution Statement which will declare the Date this document was signed. Locate the three blank spaces just after the term “In Witness Whereof, I Have On This” then, use them to record the Calendar Day, Month, and Year of Execution for this paperwork Principal must sign the line under the bold words “Principal’s Signature” then, print his or her Name just under the label “Principal’s Printed Name.”Now, some other entities will need to come into play. In the “Acceptance Of Appointment” section, record the Name of the Attorney-in-Fact (as it appears in the first paragraph) on the first blank space. The Attorney-in-Fact should read this statement then, sign his or her Name on the blank line under the words “Attorney-in-Fact’s Signature” and print his or her Name on the blank line under the words “Attorney-in-Fact’s Printed Name.”The two individuals who have witnessed the Principal Signing must review the “Witness” paragraph then sign their Names on one of the “Witness” signature lines and provide their addresses.The “Acknowledgment Of Notary Public” area will be filled out and stamped by the attending Notary Public. This is the only entity who may notarize this document so, make sure to follow his or her directions during the signing.

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